A defendant shall be punished by imprisonment for not more than ten months.

However, the execution of the above punishment shall be suspended for a period of two years from the date this judgment becomes final and conclusive.

Punishment of the crime

On April 20, 2009, the Defendant issued a summary order of KRW 1 million for a crime of violating road traffic law (drinking driving), on August 31, 2009, a summary order of KRW 2 million for the same crime in the same court on October 30, 2009, and a summary order of KRW 4 million for the same crime in the same court on October 30, 2009, respectively, and on September 23, 201, the Defendant was sentenced to a summary order of KRW 4 million for the same crime in the same court on September 23, 201.

On April 14, 2017, the Defendant driven a BF vehicle under the influence of alcohol content of about 0.201% from the 9km section to the 3rd road in front of the Dari-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-si (hereinafter referred to as the “CF”) with alcohol content of 0.20

Accordingly, the defendant, even though he had been punished not less than twice due to drinking, was driving a motor vehicle under the influence of alcohol again.

Summary of Evidence

1. Statement by the defendant in court;

1. The circumstantial report of the driver employed at the main place;

1. Inquiries about the results of crackdown on driving alcohol;

1. Previous convictions in judgment: Application of written inquiries about criminal history and other Acts and subordinate statutes;

1. Relevant Article of the Act and Articles 148-2 (1) 1 and 44 (1) of the Road Traffic Act concerning the facts constituting an offense;

1. Articles 53 and 55(1)3 of the Criminal Act (including circumstances favorable to the examination in the following cases);

1. Article 62 (1) of the Criminal Act on the suspension of execution (The subsequent consideration has been made for favorable circumstances);

1. In full view of the following circumstances and the reasons for sentencing under Article 62-2 of the Criminal Act, the punishment as ordered shall be determined by comprehensively taking into account the following circumstances: the Defendant’s age, family relation, sex, environment, motive and circumstance of the crime, means and method of the crime, circumstances after the crime, etc.:

[The favorable circumstances] The defendant, who led to the confession of the crime of this case, recognized his mistake, and the defendant has no record of being punished for the same traffic crime since 201.